An act relating to the conclusion of a treaty performed by a person who cannot be considered
under article 7 as authorized to represent a State or an international organization for that purpose is
without legal effect unless afterwards confirmed by that State or that organization.
1. The adoption of the text of a treaty takes place by the consent of all the States and international
organizations or, as the case may be, all the organizations participating in its drawing up except as
provided in paragraph 2.
2. The adoption of the text of a treaty at an international conference takes place in accordance
with the procedure agreed upon by the participants in that conference. If, however, no agreement is
reached on any such procedure, the adoption of the text shall take place by the vote of two thirds of the
participants present and voting unless by the same majority they shall decide to apply a different rule.
1. The text of a treaty between one or more States and one or more international organizations is
by such procedure as may be provided for in the text or agreed upon by the States and
representatives of those States and those organizations of the text of the treaty or of the Final Act of a
conference incorporating the text.
2. The text of a treaty between international organizations is established as authentic and
8
(a)
by such procedure as may be provided for in the text or agreed upon by the organizations
participating in its drawing up; or
(b)
failing such procedure, by the signature, signature ad referendum or initialling by the
representatives of those States and those organizations of the text of the treaty or of the Final Act of a
conference incorporating the text.
Article 11
Means of expressing consent to be bound by a treaty
1. The consent of a State to be bound by a treaty may be expressed by signature, exchange of
instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means
if so agreed.
2. The consent of an international organization to be bound by a treaty may be expressed by
signature, exchange of instruments constituting a treaty, act of formal confirmation, acceptance,
approval or accession, or by any other means if so agreed.
Article 12
Consent to be bound by a treaty expressed by signature
1. The consent of a State or of an international organization to be bound by a treaty is expressed
by the signature of the representative of that State or of that organization when:
(a)
the treaty provides that signature shall have that effect;
(b)
it is otherwise established that the negotiating States and negotiating organizations or, as the case
may be, the negotiating organizations were agreed that signature should have that effect; or
(c)
the intention of the State or organization to give that effect to the signature appears from the full
powers of its representative or was expressed during the negotiation.
2. For the purposes of paragraph 1:
(a)
the initialling of a text constitutes a signature of the treaty when it is established that the
negotiating States and negotiating organizations or, as the case may be, the negotiating organizations so
agreed;
(
b)
the signature ad referendum of a treaty by the representative of a State or an international
organization, if confirmed by his State or organization, constitutes a full signature of the treaty.